Ld. Advocate for the complainant is present. Judgement is ready. It is pronounced in open Commission.

BY -    SRI ASISH DEB, PRESIDENT

Brief facts of the complainants’ case is that the complainants are peace loving and law abiding citizens of India. They are residing at above noted address which is within the jurisdiction of Ld. Commission. The Complainant and O.Ps.got entered into a sale agreement of machine and machinery equipment on 16.09.2020 by receiving .quotation of HMI-100 Indian made paper cup forming machine from the O.P. The Complainant paid the advance amount for purchasing the machine vide order NO. 76 on 16.09.2020.The O.Ps.are private limited company engaged in manufacture of machine and machinery equipment of HMI-100 Indian made paper cup forming in different part of India with spreading over major cities in India. The Complainant paid the total amount of Rs. 8,55,000/- to the O.P. as per schedule below:-

The Complainant paid total amount of Rs. 8,55,000/- for the purchasing machine valued Rs.7,35,000/- only and Rs. 1,20,000/- only for purchasing raw materials for production . But the O.Ps after a long time and plenty of harassment returned an amount of Rs. 30,000/- only out of 1,20,000/- for non availability  of raw materials. The Complainant made complaint to the O.P. in several time for following by way of Email, what’s app and over telephone. These  are;

1. For not providing the warranty card of  machine.
2. For low production  by machine contrary to quotation.
3. O.P.s made delay for delivery of machine not following terms and conditions.
4. Several time the complainant made complaint  for breakdown of machine and technical problem from begging. But the O.P. did not provide machinery parts for repairing and machinery disputes including technician fee within the warranty period.
5. The ops did notprovide  extra materials which was promised by O.P. at the time of purchasing the machine.

The O.P expressed their inability to take necessary step for solution regarding above mentioned  disputes. The op threatened that they would take the above machine from complainant on ½ (half) rate of purchase price. The complainant requested the O.P. to make refund only machine purchase amount and take back that disputed machine.  So the complainant approached to the O.P. to refund the machine purchase amount for Rs. 7,35,000/- only alongwith interest for the default period i.e. from 20/01/2021 to till 30/11/2021. The O.P. did not agree to make refund of the amount and threatened the complainant to hand over the machine in ½ rate of purchase price otherwise they are unable to solve the matter. Since the O.P. did not agreed to make refund of the amount, the complainant  served a legal notice  dated 20.12.2021 & 01.04.2022 through their advocate vide registry post receipt No. RW457754774IN & RW530058918IN with claiming all loss of amount and damages. The  O.Ps. are not only guilty of deficiency in services by not fulfilling their promises in due course of their services towards their helpless customer/consumer but also for mental torture and harassment to the complainant by unnecessarily misguiding and delaying the refund of whole amount of 23,29,685/- only alongwith interest including all loss and damages.  Hence, the complainant prays for directing the ops for payment of

1. Rs. 7,35,000/- with interest 6 (Six) % P.A. from 20.01.2021 to till date 31.03.2022, Rs. 52675/-. Total 7,87,678/- for investment of capital or machine purchase.
2. Rs. 90,000/- with interest 6 % P.A. from 20.01.2021 to till date 31.03.2022 Rs. 6,450/- total Rs. 96,450/- for investment capital in product materials purchase at beginning.
3. Rs. 2,10,000/- with interest 6 (Six) P.A. from 20.01.2021 to till 31.03.2022 Rs. 15,050/- total Rs. 2,25,050/- for investment capital in building grounds set (work) at beginning and commercial electrification with accessories.
4. Rs. 80,000/- only for loss of charge machinery dispute and change of machinery parts and repairing several time within the warranty period from beginning to till 31.03.2022.
5. Rs. 1,35,000/- only with interest @ 6 % P.A. from 27.07.2021 to till date 31.03.2022 Rs. 5507/- only total 140507/- only for reinvest amount at work set and ground level set for production. And construction of office room with store room.
6. For causing mental torture and physically harassment to the complainant with including social reputation and good will Rs. 10,00,000/- only.
7. For Rs. 35,000/- legal cost.
8. All the total cost Rs. 23,64,685/-.

1. Direct to the O.P. to pay to the Complainant Rs. 13,29,685/- only along with interest @ 6 % P.A. for loss of every investment amount.
2. Direct the O.P. to pay to the Complainant Rs. 10,00,000/- for mental agony/harassment loss of reputation.
3.  Direct the O.P. to pay to the complainant Rs. 35,000/- towards the cost of legal expenses and
4. Direct the O.P. to pay to the Complainant all total cost Rs. 23,64,685/- only.
5. Pass any other order/orders which this Hon’ble Commission may deem fit and proper.

Upon notice the ops have not contested the case, consequently the case has proceeded ex-parte against them.

                                                        Points for determination are:

1. Is the case maintainable in its present form and in law?

2.  Is the Complainant entitled to the relief(s) as sought for?

                                                                            Decision with reasons

Both the points, being inter related to each other, are taken up together for discussion  for sake of brevity and  convenience.

We have carefully perused the affidavit of the complainant and evidence produced by Complainant and documents as annexures.  On total appraisal of the materials on records along with bundle of facts it appears that the ops sold goods to the complainant. The complainant alleges unfair trade practice in respect of such goods and deficiency in service; as such the complainant  is a Consumer. The case is maintainable in its present form and in law.

Now, on evaluation of the evidence on record , it appears that the complainant Mahua Giri in her unchallenged testimony has categorically stated that the Complainant paid total amount of Rs. 8,55,000/- for the purchasing machine valued Rs.7,35,000/- only and Rs. 1,20,000/- only for purchasing raw materials for production . But the O.Ps after a long time and plenty of harassment returned an amount of Rs. 30,000/- only out of 1,20,000/- for non availability  of raw materials. The Complainant made complaint to the O.Ps. in several time by way of Email, what’s app and over telephone. The complainant has filed print copies of whatsapp chat and E-mail in between the complainant and the ops which clearly delineate the lapses, carelessness and negligence on the part of the ops regarding deserved service of the sold machine/product  in question within warranty period. Some instances of chat are  found in July 16, 2021 to July 19, 2021 and September, 14 ,2021 to September 30, 2021. The complainant has asserted his grievances on oath . On the other hand the ops have not turned up to demolish the allegations made by the complainant. The complainantsevidence have established that the ops have committed   deficiency in service thereby set the instances of the unfair trade practice.

The complainant is entitled to get replacement of the defective machine/product of the same brand and specification which she purchased along with compensation of Rs.30,000/  and Rs.5000/- as towards litigation costs .

  Alternatively the ops ,who are  jointly and severally liable, will  be liable to return the purchase value of the Machine i.e. Rs.7,35,000/- along with simple interest @ 6% per annum from the date of filing of this case  till realization in the form of compensation along with Rs.5000/- as towards litigation costs.

The complainant is not entitled to get other claims for expenses incurred for infrastructural improvement and raw materials as extent of such costs would not depend on the acts or omission on the part of the ops.

Both the points are disposed of accordingly.

Thus, the case succeeds in part

Hence, it is

O R D E R E D

That CC/65 of 2022 be and the same is allowed in part ex-parte against the ops.

The ops, who are  jointly and severally liable, are hereby directed to  replace the defective machine/product  of the same brand and specification  which the complainant purchased along with compensation of Rs.30,000/  and Rs.5000/- as towards litigation costs to the complainants within 45 days.

 Alternatively the ops ,who are  jointly and severally liable, will  return the purchase value of the Machine ie Rs.7,35,000/- along with simple interest @ 6% per annum from the date of filing of this case  till realization in the form of compensation along with Rs.5000/- as towards litigation costs.

The complainant will hand over the disputed machine to the ops or to their authorized person at ops  own transportation costs as it is and where it is basis within 30 days upon compliance of the above order by the ops.

The complainant will be at liberty to put the order into execution under section 71 of the C P Act, 2019 or set the law into motion through a proceeding  under section 72 of the C P Act ,2019.

Let a copy of the judgment be supplied to each of the parties free of cost.